We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The legislature provides solutions to prevent insolvency proceedings, which have the same purpose, namely to obtain mutually beneficial results for all parties involved in the process. Prior to the onset of insolvency proceedings, the debtor is possible recourse to other procedures that have the same purpose to safeguard the company's insolvency, if there are chances of recovery. Whether we are talking about preventive Concordat (an arrangement with creditors), the procedure involving an agreement between a debtor and creditors, whether we are talking about the mandate ad-hoc or about mediation, all these may represent an alternative for the borrower to enumerate an assisted negotiation, just in order to redress, through a mechanism and a process outside of insolvency proceedings, or a process that is outside the competent court in matters of insolvency.
More...
The goal of any banking company is profit making. In the category of banking financial products, loans have a very large share. In any bank, credit operations are based on credit agreements which include aspects related to the contracting parties, on the contract’s objective materialized in the volume of the credit, on the credit’s price which is represented by the interest or the bank charges as well as on the terms or the granting periods. Loans require an accurate assessment of the client’s solvency and the collaterals, knowing the client from the perspective of the contractual obligations reimbursement according to their schedule of monthly instalment and the use of the credit according to the destination it was granted for by the bank. Customer credibility is a major criterion for the refund of the credits at their proper bank maturity by the willingness of the parties.
More...
Disagreements can occur in the relations between states and, no matter how legitimate the interest of each state might be, it shall not be defended by the use of force, as the peaceful means of settlement of disputes provided for in international law shall be applied. The peaceful settlement of disputes represents a fundamental duty according to international law, which requires that states resolve their disagreements by peaceful means, in order to prevent all breaches of the peace. The peaceful means of settlement of disputes enshrined in international law to which states can resort include those which have a judicial character that is the resolution of the disagreement is submitted by the states parties to the award of an arbitrary or jurisdictional organ. The decisions of these organs are binding upon the parties on dispute and are enforceable by execution.The two means, the international arbitration and the international justice are characterized by the fact that the procedure for the settlement has a contradictory character and guarantees the equality of the parties and their right to protect their interests.
More...
Obiectivitatea normelor care reglementează regimul juridic al frontierei de stat rezultă din corespondenţa dreptului cu legea ce instituie norma de drept, din determinările şi conexiunile, precum şi din abilitatea legiuitorului de cunoaştere şi transpunere în legi, în norme a determinismului dinamic şi complex pentru a genera un efect de securitate. Dar această teorie sau acest proces funcţionează cu sincope, adică imperfect, cu erori regretabile, iar efectele nedorite aduc insecuritate, respectiv insecuritatea frontierei şi, evident, insecuritate juridică.Noile proceduri şi viziuni europene privind fluidizarea frontierelor, trecerea de la conceptul de frontieră – linie la cel de frontieră – spaţiu – administrativ, precum şi la frontiera-uniune-economică şi militară au condus UE la adoptarea Tratatului de la Lisabona prin care se instituie „vocea unică”, deschizând astfel poarta accentuării cooperării şi coerenţei securităţii şi apărării Uniunii. Ca urmare, în România se produc transformări ale armatei, ale organizării acesteia, ale modului de acţiune şi ale diplomaţiei româneşti în scopul sprijinirii noilor instituţii şi proceduri ale Uniunii Europene.
More...
Considered to strengthen democracy, citizens' interests and mechanisms for cooperation in the European Union, Lisbon Treaty, a legal innovation, will alter the European security environment and thus the organization of the armed forces of the 27 EU Member States. Although European defense is still left in the hands of NATO, Romania is urged to respond effectively to these changes in the European security architecture. Both Romania and the other European Union countries will follow, in the near future, a line of major changes regarding the manner in which the armed forces and Diplomatic services are organised, all to support the new European institutions, the single voice.
More...
Identifying the main challenges, challenges, threats and threats, their impact on crises and conflicts, and the implementation of resolution and combat policies, prompt us to use the most up-to-date methodologies and strategies to deliver long-term and global solutions to global security. Below, we highlight a few economic, strategic, military and political elements that can be challenges and dangers to global stability and security.
More...
La sécurité n’est pas simplement un état de quiétude, de sécurité, de bon fonctionnement des systèmes et mécanismes politiques, économiques, sociaux, informationnels, culturels et militaires, mais aussi un effet générateur. Un tel effet ne peut être généré que sous certaines conditions. Certaines de ces conditions changent, d’autres ont une certaine stabilité, c’est-à-dire un flux constant de déterminations. Ce flux entre dans un ensemble de règles, dans un cadre permettant le contrôle des connexions, des interactions et des effets. Les règles régissant le fonctionnement d'une société ne sont pas arbitraires, ni simplement conventionnelles, ou en tout cas, la conventionalité comporte de nombreuses déterminations objectives qui la retirent du volontarisme, mais aussi des objectifs. L’objectivité provient de la correspondance du droit avec le droit établissant l’état de droit, de l’ensemble des déterminations et des liens et bien évidemment de la capacité du législateur et de l’exécutif à connaître, comprendre et transposer en normes, sur la structure de valeurs ontologiques importantes, ce déterminisme dynamique et complexe. La qualité et la substance des déterminations, des connexions et des relations en retour génèrent l’effet de sécurité. Cette chaîne ne fonctionne pas toujours parfaitement et les conséquences compliquent la philosophie de l’effet en la déplaçant de manière significative vers ce que nous appelons l’insécurité, y compris l’insécurité juridique.
More...
As a leading country, the United States historically has faced multiple conflicts with various sovereign states. From ancient mercantile disputes to modern complex financial transactions done with and by sovereign states; from war crimes and genocide to terrorism, U.S. courts increasingly face foreign states as defendants. The uncomfortable and arduous tasks courts have to deal with in these complex cases include: differentiate state actions as private or public in nature; the awareness of all stakeholders in a claim; the common intervention of the Executive Branch on a claim against a foreign state and the overlap of judicial scrutiny and foreign policy. This paper explores these issues.(1) We analyze the history and legal evolution of the concept of sovereign immunity in the United States: the absolute theory of immunity, the restrictive theory introduced by the Executive Branch and finally the Foreign Sovereign Immunities Act of 1976 (hereinafter FSIA). Special emphasis is given to FSIA’s commercial exception; the retroactivity of its application to acts is done by sovereign states before its enactment and the necessary nexus of the act with the United States. (2) We turn to the delicate question of political influence over judicial decisions when a sovereign country is a defendant. What kind of scrutiny should be taken? What deference (if any) to the Executive Branch should be given? How do these decisions affect U.S. foreign relations?(3) In conclusion, this paper suggests the equilibrium of judicial analysis and deference to the Executive Branch in foreign sovereign claims in order to avoid international turbulences on the public side, and the indiscriminate use of U.S. courts to resolve singular interests on the private side.
More...
In a referendum, the people of the United Kingdom (UK) voted to leave the European Union (EU.) Some aspects of this process have been reviewed by the national Supreme Court (UKSC.) In trying to understand the role of judicial review in the Brexit referendum, the paper argues that the opinion expressed by citizens in a referendum has not been subjected to judicial review; instead, the paper explains, what has been judicially reviewed are two issues: one regarding the role the Government and Parliament have in the post-referendum proceedings. The second issue that has been reviewed is whether the subnational legislatures of Scotland, Wales and Northern Ireland have jurisdiction on the Brexit proceedings. Empirically, Brexit provides evidence to understand both, contemporary challenges of judicial review and the limits of a counter-majoritarian function in the British polity. This evidence matters when the debate on the democratic legitimacy of judicial review is examined. The paper is based on a qualitative analysis of parliamentary debates and judicial rulings, as well as on-line version of newspapers and relevant documents.
More...
The state is an important institution with an economic, social and political structure oriented towards meeting the common needs of people in a specific organization. In this respect, the state is involved in many areas of society life. It is known that there has been significant changes in the understanding of the state during the period from the day when humanity existed in the historical process to the present day. These changes in the understanding of state proposed different state structures for the agenda in those periods. Taxation power and justice in taxation have become two concepts that are perceived differently by the social classes due to these differences in the understanding of state and therefore that are often accentuated and discussed. The concepts of taxation power and justice in taxation are two important concepts discussed in almost every period in the changing and shaping state system. While the taxation power among these concepts is the reflection of the sovereign authority of the state into the financial field or the state's legal and actual power used in this field, justice in the taxation refers to a structure in which the tax burden is intended to be distributed in a fair manner and in which it is determined who will pay how much tax and what will be the extent of taxation according to the personal circumstances of the tax payers. Although the concepts of taxation power and justice in taxation were addressed separately in many studies in the literature, the number of studies that these two concepts were discussed together is very small. For this reason, the aim of the study is to address the concepts of taxation power and justice in taxation and examine these concepts within the framework of theoretical foundations, differentiated state systems and different theoretical approaches. Taxation power and justice in taxation are discussed in two chapters as basic headings. In the first chapter of the study, the theoretical basis and scope of the taxation power were discussed starting from the definition of the taxation power and then the national and international boundaries of taxation power were emphasized. In the second chapter, the concept of justice and theoretical content of justice principle in taxation were discussed. Then the suggested approaches for ensuring justice in taxation, the principle of benefit (utility) and the principle of payment power (power, financial power) were emphasized. While these two approaches were examined, justice in taxation were tried to be examined separately for both the utility principle approach and ability-to-pay principle approach.
More...
This paper discusses the process of institutionalization of social control in the Russian Federation. Proved the importance of the adoption of the federal law „On the basis of social control” to protect and promote the interests of citizens. The author pays special attention the empowerment of citizens and NGOs in managing state affairs, to ensure transparency and openness of public authorities. It is concluded that due to public scrutiny should occur increasing the efficiency of public authorities and local governments. As a result of the introduction of mechanisms of public control should be a decrease in the risk of illegal adoption and implementation, and (or) contrary to the public interest decisions. The law will contribute to social and political stability in the society, a more complete realization of the constitutional rights of citizens to participate in public affairs. // W artykule podnoszony jest problem demokratyzacji rosyjskiego społeczeństwa, ze szczególnym uwzględnieniem instytucjonalnych form kontroli społecznej w Federacji Rosyjskiej. Autorka podkreśla znaczenie przyjęcia ustawy O podstawach kontroli społecznej, z punktu widzenia ochrony i promocji interesów obywateli Rosji. Autorka zwraca szczególną uwagę na rozszerzanie się praw i możliwości obywateli i NGO w procesie zarządzania państwem, zwiększania transparentności działań organów władzy państwowej. Kontrola społeczna nad powinna sprzyjać zwiększaniu efektywności działalności wspomnianych organów władzy państwowej i samorządu terytorialnego. W wyniku wprowadzania mechanizmów kontroli społecznej zmniejsza się ryzyko przyjmowania i realizacji decyzji sprzecznych z interesami społecznymi. Ustawa, o której mowa w artykule, sprzyjać będzie wzrostowi społecznej i politycznej stabilności w społeczeństwie i pełniejszej realizacji konstytucyjnych praw obywateli do udziału w zarządzaniu sprawami państwa.
More...
Kis János válasza Az abortuszról: Érvek és ellenérvek című könyvéről írt recenziómra (lásd: BUKSZ 1992) újabb betekintést engedett számomra a hatalomelvű elméleti gondolkodásba. Bármilyen nagyra is értékelje kollégája a munkáját, ő egyszerűen nem képes elviselni a kritikát. Bármelyik, a liberális elméleti kultúrában szokásos adok-kapok eljáráshoz szokott szerzőt elégedettség fogta volna el olyan kritika olvastán, mint amilyet én írtam. Én komolyan vettem Kis érvrendszerét, azt objektíven mutattam be, és emellett vázoltam fel egy alternatív álláspontot. A célom az volt, hogy a vitát egy komoly kritikai hozzászólással előbbre vigyem. Ha Kis egyetlen vágya, hogy hallgatói dicsérjék, akkor felesleges könyvet írnia. Ha azt szeretné, hogy Nyugaton komoly filozófusként tartsák számon, akkor meg kell próbálnia megérteni és tiszteletben tartani az ellenvéleményt is.
More...
The judge royal (Latin: iudex curiae [regiae], Hungarian: országbíró) was the judge of the medieval Hungarian royal court from the 13th century. His deputy was the vice-judge royal (Latin: viceiudex curiae [regiae], Hungarian: alországbíró). This study discusses the relation between these two officers, focusing on the reign of Andrew III (1290–1301). At first I survey the process whereby the vice-judge royal had emerged as the ordinary judge of the royal court instead of the judge royal. According to the earlier scholarly literature this office appeared in the 1260s, and its formation continued into the first part of the 14th century. In my view, this process was more complex and unfolded in several steps. Initially the vice-judge royal was appointed by the judge royal, and deputized for only the judge royal, who was far from the royal court more often from the 1260–1280s. Nevertheless, the emergence of the direct praesentia by the vice-judge royal not was a spontaneous process, but a deliberate political move on the part of Andrew III. From 1293 he tried to free the royal law court of magnate influence, and therefore appointed his own vice-judge royal, with the judge royal retaining just a representative part in the jurisdiction. This model failed in 1298, although in formalities lived on until 1304. On the basis of the sources from the period between 1293 and 1298 the king nominated the vice-judge royal, who directed the royal law court, but from September 1298 the judge royal again appointed his own man to this office. Thus, the vice-judge royal was the king’s man only during those years (1293–1298), when the institution was not subjected to the influence of the magnates.
More...
Although the founding charter of the Holy Cross provostry at Lelesz (today Leles, Slovakia) from 1214, of dubious authenticity, has not survived in the original, one of its later transcriptions from 1334 lists among the grants made by bishop Boleslo of Vác in favor of the provostry a possession called Zolunta. The people of Zolunta are reported to have robbed Russian tradesmen, an act later proved by the tradesmen through ordeal in the church of Buda, whereupon Zolunta was adjudicated to them by court ispán (comes curialis) Egyed. The village was eventually bought by the bishop of Vác from the tradesmen for 82 marks. The possession in question has traditionally been identified in the research with Szalonta in the medieval county of Borsod (Hejőszalonta, Hungary). According to Ambrus Pleidell, however, the provostry owned Szalóka (Solovka, Ukraine), which was variously regarded as belonging to the counties of Bereg and Ung in the Middle Ages. In the course of various lawsuits in 1336, 1343 and 1378, the monastery proved its title to Szalóka in Bereg with the founding charter and its later transcriptions. It is likewise Szalóka that is recorded as a possession of the provostry by the tax register of 1550. In order to establish which possession was in fact owned by the monastery of Lelesz, the author examines the charters which have preserved the relevant part of the founding charter, as well as the medieval variants of the names of the two settlements and their history. Two among the three textual traditions of the founding charter (1214/1334/1342/1364/1406, 1214/1334, 1214/1362) contain variants of the toponym Szalonta, which thus probably figured in the charter of 1214 as well. In the summary transcriptions connected to the presentation of titles in lawsuits (1336, 1343, 1378) it is Szalóka which appears without exception. The forms of toponyms, while fairly similar to each other, certainly refer to different settlements. As for Szalonta, prior to 1319 it was owned by the Ákos kindred, and thereafter by Dózsa Debreceni, voevode of Transylvania – consequently, it surely did not belong to the monastery of Lelesz in the early 14th century. Szalóka, on the other hand, was owned in the first half of the 13th century by Artolf of the Aba kindred, from whom it was purchased by the son-in-law of ban Bánk called Simon. In 1270 it was in the possession of Mihály son of Endre of the Rosd kindred, and in 1285 in that of his widow and new husband, Jakab Lónyai. In a protest made before the chapter of Eger in 1302 the provost of Lelesz claimed that Szalóka belonged to his monastery. On the basis of this information, the most probable solution seems to be that, while the provostry had originally come into the possession of Szalonta by virtue of the founding charter, later in the Angevin period it used the document to prove its title to landowning at Szalóka. During the lawsuits, the monastery probably argued that the Zolunta/Zolounta figuring in the charters in fact referred to Szalóka in Bereg.
More...
The paper analyses the role of Count János Pálffy, commander-in-chief of the imperial army in Hungary in the antecedents of the legal action against Julianna Géczy, Mrs. János Korponay (known as the „White Lady of Lőcse” after the roman of Mór Jókai) in 1712. She said that the leaders of the refugees of the succumbed war of independence (1703–11), led by the prince Francis II Rákóczi, sent letters in secret to her from Polonia, to deliver them to their sympathizers in Hungary. The woman however, hoping for some prize, decided to show these documents to Pálffy, who was at first slightly interested in these. Mrs. Korponay tried therefore to take her chance in the entourage of the emperor-king, stayed in Presburg on the occasion of the Hungarian diet. However, when she received the false information, that Rákóczi obtained pardon from the ruler, and he will come to the diet, she, to avoid the detection of her duplicity, committed the letters to the flames. This at the moment, when Pálffy, on the order of the king, became interested in the documents, offering to Mrs. Korponay the possibility to destroy the letters containing damning information of her father, who participated as revolter in the war of independence. The initially indifferent, later open-handed attitude of the commander-in-chief might be in connection with the actual political situation: Pálffy probably didn’t want to risk the agreement and confidence, established in 1711 partly by him between the Viennese Court and the revolters with such a delocate matter. After this affair became public, his aim was to make the statements of Mrs. Korponay declared untrue.
More...
The article analyzed the content of Art. 227 part 2 of the polish Higher Education Law (from 27 July 2005). In accordance with this rule the rector determines the university area in consultation with the competent authority of local government. There were indicated numerous ambiguities associated with the application of this rule as well as his implications on the field of administrative, civil and criminal law. It proposed several methods for determining the university area. It was also found de lege lata that if the university area designations are within the territory of more than one municipality, the right solution seems to be agreement between rector and the council of each of these municipalities individually. If the subject would exceed the capacity of the municipality (or municipalities) authorities, then, according to the principle of subsidiarity, district would be appropriate unit of local government, followed by the voivodeship.
More...